Trust Litigation

We are highly regarded for our work in contentious matters involving trusts, foundations and estates in Bermuda, the British Virgin Islands, Cayman Islands, Guernsey and Jersey.

Our experts understand the unique, highly confidential and delicate nature of these disputes and are mindful of the need to achieve an effective outcome with minimal public exposure and cost.

Our approach is to manage and resolve issues at the earliest opportunity, but where conflict is unavoidable, we provide strong guidance and advocacy; be it through alternative dispute resolution or through the courts.

We advise corporate and individual trustees, foundation council members and executors/administrators as well as settlors, protectors and beneficiaries on matters that are, or have the potential to become, contentious. In addition to pursuing or defending actions for breach of trust and professional negligence, our work includes applications to remove trustees and protectors from office and to set aside their decisions. We also work with onshore advisers on international trust disputes involving our jurisdictions.

Carey Olsen has one of the largest trust litigation practices in the offshore world. Our track record includes advising on the most significant cases to be heard by the local courts as well as representing clients before the Privy Council. Many of these cases have established judicial precedents that are referred to in jurisdictions around the world.

We also act in non-hostile proceedings before the courts, examples of which include:

  • Applications for directions (e.g. blessing of a momentous decision)
  • Variation of a trust or a foundation
  • Setting aside the settlement of assets on trust on grounds of mistake
  • Setting aside appointments by trustees on grounds of mistake or inadequate deliberation
  • Rectification of trust instruments and appointments
  • Ratification of decisions of invalidly appointed trustees

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